Terms of Use

AGREEMENT BETWEEN USER AND FallCall.com

The FallCall.com Web Site is comprised of various Web pages operated by FallCall.com.

The FallCall.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FallCall.com Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

FallCall.com reserves the right to change the terms, conditions, and notices under which the FallCall.com Web Site is offered, including but not limited to the charges associated with the use of the FallCall.com Web Site.

LINKS TO THIRD PARTY SITES

The FallCall.com Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of FallCall.com and FallCall.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FallCall.com is not responsible for webcasting or any other form of transmission received from any Linked Site. FallCall.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FallCall.com of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the FallCall.com Web Site, you warrant to FallCall.com that you will not use the FallCall.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FallCall.com Web Site in any manner which could damage, disable, overburden, or impair the FallCall.com Web Site or interfere with any other party’s use and enjoyment of the FallCall.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the FallCall.com Web Sites.

USE OF COMMUNICATION SERVICES

The FallCall.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

FallCall.com has no obligation to monitor the Communication Services. However, FallCall.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FallCall.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

FallCall.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FallCall.com’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FallCall.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, FallCall.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FallCall.com spokespersons, and their views do not necessarily reflect those of FallCall.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO FallCall.com OR POSTED AT ANY FallCall.com WEB SITE

FallCall.com does not claim ownership of the materials you provide to FallCall.com (including feedback and suggestions) or post, upload, input or submit to any FallCall.com Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FallCall.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. FallCall.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FallCall.com’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FallCall.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FallCall.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FallCall.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE FallCall.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FallCall.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FallCall.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FallCall.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FallCall.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FallCall.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE FallCall.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FallCall.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FallCall.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FallCall.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FallCall.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FallCall.com WEB SITE.

SERVICE CONTACT : team2@mediainfocus.com

TERMINATION/ACCESS RESTRICTION

FallCall.com reserves the right, in its sole discretion, to terminate your access to the FallCall.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the FallCall.com Web Site. Use of the FallCall.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FallCall.com as a result of this agreement or use of the FallCall.com Web Site. FallCall.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FallCall.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FallCall.com Web Site or information provided to or gathered by FallCall.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FallCall.com with respect to the FallCall.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FallCall.com with respect to the FallCall.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Privacy Statement

FallCall.com is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the FallCall.com site and governs data collection and usage. By using the FallCall.com site, you consent to the data practices described in this statement.

Collection of your Personal Information

FallCall.com collects personally identifiable information, such as your email address, name, home or work address or telephone number. FallCall.com also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by FallCall.com. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by FallCall.com for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the FallCall.com site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through FallCall.com public message boards, this information may be collected and used by others. Note: FallCall.com does not read any of your private online communications.

FallCall.com encourages you to review the privacy statements of Web sites you choose to link to from FallCall.com so that you can understand how those Web sites collect, use and share your information. FallCall.com is not responsible for the privacy statements or other content on Web sites outside of the FallCall.com and FallCall.com family of Web sites.

Use of your Personal Information

FallCall.com collects and uses your personal information to operate the FallCall.com Web site and deliver the services you have requested. FallCall.com also uses your personally identifiable information to inform you of other products or services available from FallCall.com and its affiliates. FallCall.com may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

FallCall.com does not sell, rent or lease its customer lists to third parties. FallCall.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, FallCall.com may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to FallCall.com, and they are required to maintain the confidentiality of your information.

FallCall.com does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

FallCall.com keeps track of the Web sites and pages our customers visit within FallCall.com, in order to determine what FallCall.com services are the most popular. This data is used to deliver customized content and advertising within FallCall.com to customers whose behavior indicates that they are interested in a particular subject area.

FallCall.com Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on FallCall.com or the site; (b) protect and defend the rights or property of FallCall.com; and, (c) act under exigent circumstances to protect the personal safety of users of FallCall.com, or the public.

Use of Cookies

The FallCall.com Web site use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize FallCall.com pages, or register with FallCall.com site or services, a cookie helps FallCall.com to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same FallCall.com Web site, the information you previously provided can be retrieved, so you can easily use the FallCall.com features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the FallCall.com services or Web sites you visit.

Security of your Personal Information

FallCall.com secures your personal information from unauthorized access, use or disclosure. FallCall.com secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

FallCall.com will occasionally update this Statement of Privacy to reflect company and customer feedback. FallCall.com encourages you to periodically review this Statement to be informed of how FallCall.com is protecting your information.

Contact Information

FallCall.com welcomes your comments regarding this Statement of Privacy. If you believe that FallCall.com has not adhered to this Statement, please contact FallCall.com at support@fallcall.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.

This Privacy Policy describes the policies of FallCall Solutions Inc, 16 Surrey Lane, Connecticut 06611, United States of America (the), email: support@fallcall.com, phone: 203-736-7647 on the collection, use and disclosure of your information that we collect when you use our website ( https://www.fallcall.com ). (the “Service”). By accessing or using the Service, you are consenting to the collection, use and disclosure of your information in accordance with this Privacy Policy. If you do not consent to the same, please do not access or use the Service.

We may modify this Privacy Policy at any time without any prior notice to you and will post the revised Privacy Policy on the Service. The revised Policy will be effective 180 days from when the revised Policy is posted in the Service and your continued access or use of the Service after such time will constitute your acceptance of the revised Privacy Policy. We therefore recommend that you periodically review this page.

How We Use Your Information:

We will use the information that we collect about you for the following purposes:

Marketing/ Promotional
Support
Targeted advertising

If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.

How We Share Your Information:

We will not transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:

Ad service
Marketing agencies
Analytics

We require such third party’s to use the personal information we transfer to them only for the purpose for which it was transferred and not to retain it for longer than is required for fulfilling the said purpose.

We may also disclose your personal information for the following: (1) to comply with applicable law, regulation, court order or other legal process; (2) to enforce your agreements with us, including this Privacy Policy; or (3) to respond to claims that your use of the Service violates any third-party rights. If the Service or our company is merged or acquired with another company, your information will be one of the assets that is transferred to the new owner.

Your Rights:

Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, you can write to us at support@fallcall.com. We will respond to your request in accordance with applicable law.

You may opt-out of direct marketing communications or the profiling we carry out for marketing purposes by writing to us at support@fallcall.com.

Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.

Cookies Etc.

To learn more about how we use these and your choices in relation to these tracking technologies, please refer to our Cookie Policy.

Security:

The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

Grievance / Data Protection Officer:

If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at FallCall Solutions Inc, 16 Surrey Lane, email: support@fallcall.com. We will address your concerns in accordance with applicable law.

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